Legal Question in Consumer Law in Indiana

Paying for item never delivered?

I recieved a bill for an item that I never ordered, and never recieved. After repeatedly trying to contact the company through phone, letter and e-mail (to no avail), I recieved a letter from a collection agency in regards to this bill. Now the bill is only $39.50, but I hate to pay this company for something I never recieved. 1)What legal action could I take against the company? 2) Would I be better off just paying the $39.50?

Thanks!


Asked on 6/03/03, 6:00 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Paying for item never delivered?

Tell the collection agency, in writing, return receipt, that you demand written proof of the debt, and also not to call you about the debt. Also tell them not to file an adverse credit report because you contest the debt. If they fail to comply, they will have violated the Fair Debt Collections Practices Act, and you can sue for $1000 in damages, plus attorney fees. Of course if they provide the information you should be able to clear the matter up.

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Answered on 6/04/03, 12:07 am


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